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  1. #1
    vaypor007 is offline Junior Member
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    Collection Agency billing for a bill not mine

    What is the name of your state? Ohio

    Over a month ago I received a letter from a collection agency for a bill I did not incurr. The bill was addressed to me and had a case number and amount due. I called the agency because I had no idea what it was for. I then found out that it was a bill of my husbands. He had went to the Emergency room and the bill was handed over to collections. I told them that they shouldnt send the bill in my name if it is not my bill. The lady was quite rude. I just kept repeating my point. She put me on hold with no notice and then I was speaking to a supervisor. I again explained to him that I dd not incurr the bill and it should not have my name on it.. nor should I be mailed a bill for it. I was told that it could go on MY credit record and I coud be sued.. I then reiterated my point that they were NOT to send anymore bills in MY name to my house. They should address them to the person who actually owes the bill. He said he would note it on the account. Today I received another bill addressed to me and my husband received one in his name also (2 seperate letters) They are both the same amount and the same case number. I plan to call them back but I would like to know the legalities of what they have done so I dont come across like an idiot.Is there a semi form letter I can send them via Certified Mail? Thank you.
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by vaypor007 View Post
    I plan to call them back but I would like to know the legalities of what they have done so I dont come across like an idiot.Is there a semi form letter I can send them via Certified Mail? Thank you.
    Send them a 'cease and desist' letter. A sample can be found at: [url]www.creditinfocenter.com/forms[/url]
  3. #3
    debtcollector` is offline Senior Member
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    Quote Originally Posted by vaypor007 View Post
    What is the name of your state? Ohio

    Over a month ago I received a letter from a collection agency for a bill I did not incurr. The bill was addressed to me and had a case number and amount due. I called the agency because I had no idea what it was for. I then found out that it was a bill of my husbands. He had went to the Emergency room and the bill was handed over to collections. I told them that they shouldnt send the bill in my name if it is not my bill. The lady was quite rude. I just kept repeating my point. She put me on hold with no notice and then I was speaking to a supervisor. I again explained to him that I dd not incurr the bill and it should not have my name on it.. nor should I be mailed a bill for it. I was told that it could go on MY credit record and I coud be sued.. I then reiterated my point that they were NOT to send anymore bills in MY name to my house. They should address them to the person who actually owes the bill. He said he would note it on the account. Today I received another bill addressed to me and my husband received one in his name also (2 seperate letters) They are both the same amount and the same case number. I plan to call them back but I would like to know the legalities of what they have done so I dont come across like an idiot.Is there a semi form letter I can send them via Certified Mail? Thank you.
    You are liable for your husband's medical debt. It can go on your credit record and you can be sued. You need to take care of this before it goes too far.

    DC
  4. #4
    lmills is offline Junior Member
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    Quote Originally Posted by debtcollector` View Post
    You are liable for your husband's medical debt. It can go on your credit record and you can be sued. You need to take care of this before it goes too far.

    DC
    What makes her responsable for her husbands debt?
    Couldn't she ask them to prove the debt is hers?
    Should she check her credit reports to see if its being reported?
  5. #5
    vaypor007 is offline Junior Member
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    Since Ohio is a non community property state how can I be responsible for his debt? I'm not if he was dead and chances are I wouldnt be responsible if we divoriced. We dont object to the validity of the bill. We know it is due. Its the way they are going about it. They went into his hospital records to get my name, sent a bill in my name not indicating what it was for as a ploy to have me contact them, threatened ME with a lawsuit after being extremely rude to me, and sent duplicate bills to us both on the same day after I verbally requested that they no longer send them in my name. My husband incurred the bill and he has no problem working something out. They can sue him, put it on his vredit, garnish his wages, call him, send him letters.. what ever they need to do.. its their job and he owes the money. We are not trying to get out of payment. This is also the same collection agency that allowed one of their employees to open a collection case against my husband.. he was asked to do a favor for friend of a friend. He made contact, the friend wanted a new hot water heater put in. My husband quoted a price and gave a time line. My husband works full time. The friend bought the new hot water heater and called my husband demanding that he drop everything, take time off work and install it. My husband told the friend that it would be 2 weeks before he could do it. The friend got very irrate and rude. My husband told him to forget it. The Friend then opened a collection case at his place of business for the "wasted" time he spend buying the water heater and for the cost of paying someone else to install it. .. No money changed hands with my husband at all. The person is no longer at that Collection agency but the case is still there.. We live in a small town , the same small town as the collection agency. I only bring that up to give an example of what we are dealing with. I personally have done a really good job taking care of MY personal credit.. so much so that I cant get a credit card because I dont have credit..good or bad... its the catch 21 of you have to have credit to get credit. I just dont want to lose credability for a bill I didnt incurr.
  6. #6
    JETX is offline Senior Member
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    Quote Originally Posted by debtcollector` View Post
    You are liable for your husband's medical debt. It can go on your credit record and you can be sued. You need to take care of this before it goes too far.
    Wow... more 'imaginary law' from the 'imaginary' world of debt collection....
    Would you care to enlighten us on how you came up with that 'opinion'....
  7. #7
    TinkerBelleLuvr is offline Senior Member
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    More of a curiousity question to figure out how this might have happened. By any chance, is the husband on the wife's insurance?

    I had huge messes when this occurred with my STBX on my insurance.
  8. #8
    debtcollector` is offline Senior Member
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    Quote Originally Posted by JETX View Post
    Wow... more 'imaginary law' from the 'imaginary' world of debt collection....
    Would you care to enlighten us on how you came up with that 'opinion'....
    That would be the Doctrine of Necessities. We were trained on it when I began handling medical collections. If you want a full understanding of the doctrine - talk to a lawyer.

    The only state that I am aware of in which the wife isn't responsible for the husband's medical bills is Arkansas. That said, I haven't collected medical in a while and there may have been some changes in a few states.

    DC

    PS here: Ohio State Univ. Hosp. v. Kinkaid , 549 N.E.2d 517 (Ohio 1990)
    Last edited by debtcollector`; 01-24-2008 at 11:43 PM. Reason: Added relevant case citation
  9. #9
    vaypor007 is offline Junior Member
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    Quote Originally Posted by Ginny J View Post
    More of a curiousity question to figure out how this might have happened. By any chance, is the husband on the wife's insurance?

    I had huge messes when this occurred with my STBX on my insurance.


    No, we do not have insurance at all. I dont work out side the home and the insurance thru his workplace is to expensive at this time.
  10. #10
    JETX is offline Senior Member
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    Quote Originally Posted by debtcollector` View Post
    That would be the Doctrine of Necessities. We were trained on it when I began handling medical collections. If you want a full understanding of the doctrine - talk to a lawyer.
    What an idiot.... Your post leads me to think that you were taught the very common 'spouse is always liable' (another ploy of the scummy debt collection business) when it really isn't that simple. So, with that, let me help you.... what you are trying to apply is found in the following Ohio Revised Code:
    3103.03 Married persons' obligations of support.

    (A) Each married person must support the personís self and spouse out of the personís property or by the personís labor. If a married person is unable to do so, the spouse of the married person must assist in the support so far as the spouse is able. The biological or adoptive parent of a minor child must support the parentís minor children out of the parentís property or by the parentís labor.

    (B) Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3319.86 of the Revised Code, the parental duty of support to children shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods.

    (C) If a married person neglects to support the personís spouse in accordance with this section, any other person, in good faith, may supply the spouse with necessaries for the support of the spouse and recover the reasonable value of the necessaries supplied from the married person who neglected to support the spouse unless the spouse abandons that person without cause.


    The key here (which you are clearly ignorant of... ) is that the law applies this ONLY when the other spouse is "so far as the spouse is able" to pay. If the spouse is not able.... there is no obligation to do so.

    But that is okay.... we expect you to be ignorant of the reality of law.
  11. #11
    debtcollector` is offline Senior Member
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    Quote Originally Posted by JETX View Post
    What an idiot.... Your post leads me to think that you were taught the very common 'spouse is always liable' (another ploy of the scummy debt collection business) when it really isn't that simple.
    I could just as easily call you an idiot for giving advice that is just as inaccurate as it is incomplete.


    Quote Originally Posted by JETX View Post
    The key here (which you are clearly ignorant of... ) is that the law applies this ONLY when the other spouse is "so far as the spouse is able" to pay. If the spouse is not able.... there is no obligation to do so.
    Okay nowhere is thread is the ability to pay addressed, only the OP's desire to not pay. So, trying reading the actual post and the facts presented, then reading the actual responses. You may need a dictionary for the smaller words.

    And as for the law - I am accurate. By your own offer of proof.


    Quote Originally Posted by JETX View Post
    But that is okay.... we expect you to be ignorant of the reality of law.
    Perhaps, but we can now expect you to be simply ignorant and happily so.

    DC
    Last edited by m martin; 02-08-2008 at 02:29 PM.
  12. #12
    vaypor007 is offline Junior Member
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    excuse me...

    Quote Originally Posted by debtcollector` View Post
    I could just as easily call you an idiot for giving advice that is just as inaccurate as it is incomplete.



    Okay nowhere is thread is the ability to pay addressed, only the OP's desire to not pay. So, trying reading the actual post and the facts presented, then reading the actual responses. You may need a dictionary for the smaller words.

    And as for the law - I am accurate. By your own offer of proof.



    Perhaps, but we can now expect you to be simply ignorant and happily so.

    DC
    actually in post 9 I stated that I do not work outside of the home... so i have no income.. and I have no ability to pay.
  13. #13
    Rd.kll is offline Junior Member
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    Cool

    If your name is not on the bill weather it is your husband or not you are not responsible if he still lives.The collector must try to collect from your husband first and then try and get a judgment against you to make the bill yours. Just because your married does not always make your spouses bills yours also,Remember a debt collect is just like a used car salesman they well say anything to separate you from your cash and usually are not telling you the truth .Plus if your dept was sold to a collection agencies don't deal with the collection agent talk to the hospital direct that is who you owe the bill to not the agencies .
  14. #14
    elderwatcher is offline Junior Member
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    Creditors can NOT make you liable for another person's contracts whether they be your spouse or not. What this collection agency is doing to you violates the FDCPA (Fair Debt Collection Practices Act) and they can be fined $1000 per violation plus punative damages. You need to keep your communications to writing ONLY and keep all proof as well as envelopes. Mail EVERYTHING certified return receipt and attach the return receipt to the letter you sent when it comes back to you. Do an internet search for the Fair Debt Collection Practices Act and you will find a ton of information for combating collection fraud. No one, I REPEAT, no one is EVER liable for another's debt UNLESS they have co-signed to be responsible. If you didn't sign any paper work at the hospital/doctors then sucks for them. You need to write a strongly worded letter telling them that if they continue to try and make you liable for another's debt you will report them to your State Attorney General, the BBB as well as the FTC~~all of which govern consumer fraud. Also check your credit report to ensure they did not put a false debt on your reports.

    Side note: If your husband admits to the debt, he starts the statute of limitations over again. Either agree with the original creditor to make payments AND GET THAT IN WRITING BEFORE PAYING or tell them to jump in a lake. Either way, this collection agency is violating the law and needs to be reported.
    As for the "collector" replying to you, better not spout off law if you are not an attorney. That is fraudulant as well and it is called the unauthorized practice of law. But as a collector, I expect nothing less than fraud from you.

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